Bank of America Debt Collection Complaint

Bank of America Debt collection department,

Mortgage False statements or representation Attempted to collect wrong amount New Mexico

This complaint is against Bank of America , N.A . as successor by merger to Bank of America , Home Loan Servicing, LP, as successor in interest to Countrywide Home Loans Servicing, LP ( Bank of America '' ) for numerous violations of 15 USC 1692. Bank of America has violated the Fair Debt Collections Practices Act ( FDCPA '' ) by among other things, its unlawful collection of debt when it had no contractual authority to do so while falsely purporting itself as Servicer '' of the Mortgage loan ending in -. Additionally, at least as early as -/-/-, the Note and Mortgage the subject of this complaint were rescinded by the Mortgagor pursuant to 12 CFR 1026.23 ( d ). Despite the void status of the Note and Mortgage, Bank of America


servicing rights '' to the Void Mortgage to another company on -/-/- Although Bank of America will likely attempt to respond to this Complaint by misleadingly stating it is no longer the servicer of the Mortgage the subject of this complaint, this complaint is based on the fact that Bank of America was NEVER the legal servicer of the Mortgage and can provide no evidence to the contrary. A CFPB investigation will confirm that Bank of America had no legal contractual right to service the mortgage loan the subject of this Complaint and has concealed this fact for years, now falsely claiming to have transferred said rights '' it never legally held to another company. In the process, Bank of America made numerous false statements with regard to my Note and Mortgage in the attempt to collect a debt, and attempted to collect an amount not expressly authorized by the agreement creating the debt and permitted by law in violation of the Fair Debt Collections Practices Act, a federal consumer financial protection law. Many of the false statements and misrepresentations are outlined in the full Complaint with supporting documents attached.